Illinois General Assembly - Full Text of HB6303
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Full Text of HB6303  99th General Assembly

HB6303enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB6303 EnrolledLRB099 19696 RLC 44093 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 24-3B as follows:
 
6    (720 ILCS 5/24-3B new)
7    Sec. 24-3B. Firearms trafficking.
8    (a) A person commits firearms trafficking when he or she
9has not been issued a currently valid Firearm Owner's
10Identification Card and knowingly:
11        (1) brings, or causes to be brought, into this State, a
12    firearm or firearm ammunition for the purpose of sale,
13    delivery, or transfer to any other person or with the
14    intent to sell, deliver, or transfer the firearm or firearm
15    ammunition to any other person; or
16        (2) brings, or causes to be brought, into this State, a
17    firearm and firearm ammunition for the purpose of sale,
18    delivery, or transfer to any other person or with the
19    intent to sell, deliver, or transfer the firearm and
20    firearm ammunition to any other person.
21    (a-5) This Section does not apply to:
22        (1) a person exempt under Section 2 of the Firearm
23    Owners Identification Card Act from the requirement of

 

 

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1    having possession of a Firearm Owner's Identification Card
2    previously issued in his or her name by the Department of
3    State Police in order to acquire or possess a firearm or
4    firearm ammunition;
5        (2) a common carrier under subsection (i) of Section
6    24-2 of this Code; or
7        (3) a non-resident who may lawfully possess a firearm
8    in his or her resident state.
9    (b) Sentence.
10        (1) Firearms trafficking is a Class 1 felony for which
11    the person, if sentenced to a term of imprisonment, shall
12    be sentenced to not less than 4 years and not more than 20
13    years.
14        (2) Firearms trafficking by a person who has been
15    previously convicted of firearms trafficking, gunrunning,
16    or a felony offense for the unlawful sale, delivery, or
17    transfer of a firearm or firearm ammunition in this State
18    or another jurisdiction is a Class X felony.
 
19    Section 10. The Unified Code of Corrections is amended by
20changing Section 5-5-3 as follows:
 
21    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
22    Sec. 5-5-3. Disposition.
23    (a) (Blank).
24    (b) (Blank).

 

 

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1    (c) (1) (Blank).
2    (2) A period of probation, a term of periodic imprisonment
3or conditional discharge shall not be imposed for the following
4offenses. The court shall sentence the offender to not less
5than the minimum term of imprisonment set forth in this Code
6for the following offenses, and may order a fine or restitution
7or both in conjunction with such term of imprisonment:
8        (A) First degree murder where the death penalty is not
9    imposed.
10        (B) Attempted first degree murder.
11        (C) A Class X felony.
12        (D) A violation of Section 401.1 or 407 of the Illinois
13    Controlled Substances Act, or a violation of subdivision
14    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
15    to more than 5 grams of a substance containing cocaine,
16    fentanyl, or an analog thereof.
17        (D-5) A violation of subdivision (c)(1) of Section 401
18    of the Illinois Controlled Substances Act which relates to
19    3 or more grams of a substance containing heroin or an
20    analog thereof.
21        (E) A violation of Section 5.1 or 9 of the Cannabis
22    Control Act.
23        (F) A Class 2 or greater felony if the offender had
24    been convicted of a Class 2 or greater felony, including
25    any state or federal conviction for an offense that
26    contained, at the time it was committed, the same elements

 

 

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1    as an offense now (the date of the offense committed after
2    the prior Class 2 or greater felony) classified as a Class
3    2 or greater felony, within 10 years of the date on which
4    the offender committed the offense for which he or she is
5    being sentenced, except as otherwise provided in Section
6    40-10 of the Alcoholism and Other Drug Abuse and Dependency
7    Act.
8        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
9    the Criminal Code of 1961 or the Criminal Code of 2012 for
10    which imprisonment is prescribed in those Sections.
11        (G) Residential burglary, except as otherwise provided
12    in Section 40-10 of the Alcoholism and Other Drug Abuse and
13    Dependency Act.
14        (H) Criminal sexual assault.
15        (I) Aggravated battery of a senior citizen as described
16    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
17    of the Criminal Code of 1961 or the Criminal Code of 2012.
18        (J) A forcible felony if the offense was related to the
19    activities of an organized gang.
20        Before July 1, 1994, for the purposes of this
21    paragraph, "organized gang" means an association of 5 or
22    more persons, with an established hierarchy, that
23    encourages members of the association to perpetrate crimes
24    or provides support to the members of the association who
25    do commit crimes.
26        Beginning July 1, 1994, for the purposes of this

 

 

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1    paragraph, "organized gang" has the meaning ascribed to it
2    in Section 10 of the Illinois Streetgang Terrorism Omnibus
3    Prevention Act.
4        (K) Vehicular hijacking.
5        (L) A second or subsequent conviction for the offense
6    of hate crime when the underlying offense upon which the
7    hate crime is based is felony aggravated assault or felony
8    mob action.
9        (M) A second or subsequent conviction for the offense
10    of institutional vandalism if the damage to the property
11    exceeds $300.
12        (N) A Class 3 felony violation of paragraph (1) of
13    subsection (a) of Section 2 of the Firearm Owners
14    Identification Card Act.
15        (O) A violation of Section 12-6.1 or 12-6.5 of the
16    Criminal Code of 1961 or the Criminal Code of 2012.
17        (P) A violation of paragraph (1), (2), (3), (4), (5),
18    or (7) of subsection (a) of Section 11-20.1 of the Criminal
19    Code of 1961 or the Criminal Code of 2012.
20        (Q) A violation of subsection (b) or (b-5) of Section
21    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
22    Code of 1961 or the Criminal Code of 2012.
23        (R) A violation of Section 24-3A of the Criminal Code
24    of 1961 or the Criminal Code of 2012.
25        (S) (Blank).
26        (T) A second or subsequent violation of the

 

 

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1    Methamphetamine Control and Community Protection Act.
2        (U) A second or subsequent violation of Section 6-303
3    of the Illinois Vehicle Code committed while his or her
4    driver's license, permit, or privilege was revoked because
5    of a violation of Section 9-3 of the Criminal Code of 1961
6    or the Criminal Code of 2012, relating to the offense of
7    reckless homicide, or a similar provision of a law of
8    another state.
9        (V) A violation of paragraph (4) of subsection (c) of
10    Section 11-20.1B or paragraph (4) of subsection (c) of
11    Section 11-20.3 of the Criminal Code of 1961, or paragraph
12    (6) of subsection (a) of Section 11-20.1 of the Criminal
13    Code of 2012 when the victim is under 13 years of age and
14    the defendant has previously been convicted under the laws
15    of this State or any other state of the offense of child
16    pornography, aggravated child pornography, aggravated
17    criminal sexual abuse, aggravated criminal sexual assault,
18    predatory criminal sexual assault of a child, or any of the
19    offenses formerly known as rape, deviate sexual assault,
20    indecent liberties with a child, or aggravated indecent
21    liberties with a child where the victim was under the age
22    of 18 years or an offense that is substantially equivalent
23    to those offenses.
24        (W) A violation of Section 24-3.5 of the Criminal Code
25    of 1961 or the Criminal Code of 2012.
26        (X) A violation of subsection (a) of Section 31-1a of

 

 

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1    the Criminal Code of 1961 or the Criminal Code of 2012.
2        (Y) A conviction for unlawful possession of a firearm
3    by a street gang member when the firearm was loaded or
4    contained firearm ammunition.
5        (Z) A Class 1 felony committed while he or she was
6    serving a term of probation or conditional discharge for a
7    felony.
8        (AA) Theft of property exceeding $500,000 and not
9    exceeding $1,000,000 in value.
10        (BB) Laundering of criminally derived property of a
11    value exceeding $500,000.
12        (CC) Knowingly selling, offering for sale, holding for
13    sale, or using 2,000 or more counterfeit items or
14    counterfeit items having a retail value in the aggregate of
15    $500,000 or more.
16        (DD) A conviction for aggravated assault under
17    paragraph (6) of subsection (c) of Section 12-2 of the
18    Criminal Code of 1961 or the Criminal Code of 2012 if the
19    firearm is aimed toward the person against whom the firearm
20    is being used.
21        (EE) A conviction for a violation of paragraph (2) of
22    subsection (a) of Section 24-3B of the Criminal Code of
23    2012.
24    (3) (Blank).
25    (4) A minimum term of imprisonment of not less than 10
26consecutive days or 30 days of community service shall be

 

 

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1imposed for a violation of paragraph (c) of Section 6-303 of
2the Illinois Vehicle Code.
3    (4.1) (Blank).
4    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
5this subsection (c), a minimum of 100 hours of community
6service shall be imposed for a second violation of Section
76-303 of the Illinois Vehicle Code.
8    (4.3) A minimum term of imprisonment of 30 days or 300
9hours of community service, as determined by the court, shall
10be imposed for a second violation of subsection (c) of Section
116-303 of the Illinois Vehicle Code.
12    (4.4) Except as provided in paragraphs (4.5), (4.6), and
13(4.9) of this subsection (c), a minimum term of imprisonment of
1430 days or 300 hours of community service, as determined by the
15court, shall be imposed for a third or subsequent violation of
16Section 6-303 of the Illinois Vehicle Code.
17    (4.5) A minimum term of imprisonment of 30 days shall be
18imposed for a third violation of subsection (c) of Section
196-303 of the Illinois Vehicle Code.
20    (4.6) Except as provided in paragraph (4.10) of this
21subsection (c), a minimum term of imprisonment of 180 days
22shall be imposed for a fourth or subsequent violation of
23subsection (c) of Section 6-303 of the Illinois Vehicle Code.
24    (4.7) A minimum term of imprisonment of not less than 30
25consecutive days, or 300 hours of community service, shall be
26imposed for a violation of subsection (a-5) of Section 6-303 of

 

 

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1the Illinois Vehicle Code, as provided in subsection (b-5) of
2that Section.
3    (4.8) A mandatory prison sentence shall be imposed for a
4second violation of subsection (a-5) of Section 6-303 of the
5Illinois Vehicle Code, as provided in subsection (c-5) of that
6Section. The person's driving privileges shall be revoked for a
7period of not less than 5 years from the date of his or her
8release from prison.
9    (4.9) A mandatory prison sentence of not less than 4 and
10not more than 15 years shall be imposed for a third violation
11of subsection (a-5) of Section 6-303 of the Illinois Vehicle
12Code, as provided in subsection (d-2.5) of that Section. The
13person's driving privileges shall be revoked for the remainder
14of his or her life.
15    (4.10) A mandatory prison sentence for a Class 1 felony
16shall be imposed, and the person shall be eligible for an
17extended term sentence, for a fourth or subsequent violation of
18subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
19as provided in subsection (d-3.5) of that Section. The person's
20driving privileges shall be revoked for the remainder of his or
21her life.
22    (5) The court may sentence a corporation or unincorporated
23association convicted of any offense to:
24        (A) a period of conditional discharge;
25        (B) a fine;
26        (C) make restitution to the victim under Section 5-5-6

 

 

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1    of this Code.
2    (5.1) In addition to any other penalties imposed, and
3except as provided in paragraph (5.2) or (5.3), a person
4convicted of violating subsection (c) of Section 11-907 of the
5Illinois Vehicle Code shall have his or her driver's license,
6permit, or privileges suspended for at least 90 days but not
7more than one year, if the violation resulted in damage to the
8property of another person.
9    (5.2) In addition to any other penalties imposed, and
10except as provided in paragraph (5.3), a person convicted of
11violating subsection (c) of Section 11-907 of the Illinois
12Vehicle Code shall have his or her driver's license, permit, or
13privileges suspended for at least 180 days but not more than 2
14years, if the violation resulted in injury to another person.
15    (5.3) In addition to any other penalties imposed, a person
16convicted of violating subsection (c) of Section 11-907 of the
17Illinois Vehicle Code shall have his or her driver's license,
18permit, or privileges suspended for 2 years, if the violation
19resulted in the death of another person.
20    (5.4) In addition to any other penalties imposed, a person
21convicted of violating Section 3-707 of the Illinois Vehicle
22Code shall have his or her driver's license, permit, or
23privileges suspended for 3 months and until he or she has paid
24a reinstatement fee of $100.
25    (5.5) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

 

 

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1Code during a period in which his or her driver's license,
2permit, or privileges were suspended for a previous violation
3of that Section shall have his or her driver's license, permit,
4or privileges suspended for an additional 6 months after the
5expiration of the original 3-month suspension and until he or
6she has paid a reinstatement fee of $100.
7    (6) (Blank).
8    (7) (Blank).
9    (8) (Blank).
10    (9) A defendant convicted of a second or subsequent offense
11of ritualized abuse of a child may be sentenced to a term of
12natural life imprisonment.
13    (10) (Blank).
14    (11) The court shall impose a minimum fine of $1,000 for a
15first offense and $2,000 for a second or subsequent offense
16upon a person convicted of or placed on supervision for battery
17when the individual harmed was a sports official or coach at
18any level of competition and the act causing harm to the sports
19official or coach occurred within an athletic facility or
20within the immediate vicinity of the athletic facility at which
21the sports official or coach was an active participant of the
22athletic contest held at the athletic facility. For the
23purposes of this paragraph (11), "sports official" means a
24person at an athletic contest who enforces the rules of the
25contest, such as an umpire or referee; "athletic facility"
26means an indoor or outdoor playing field or recreational area

 

 

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1where sports activities are conducted; and "coach" means a
2person recognized as a coach by the sanctioning authority that
3conducted the sporting event.
4    (12) A person may not receive a disposition of court
5supervision for a violation of Section 5-16 of the Boat
6Registration and Safety Act if that person has previously
7received a disposition of court supervision for a violation of
8that Section.
9    (13) A person convicted of or placed on court supervision
10for an assault or aggravated assault when the victim and the
11offender are family or household members as defined in Section
12103 of the Illinois Domestic Violence Act of 1986 or convicted
13of domestic battery or aggravated domestic battery may be
14required to attend a Partner Abuse Intervention Program under
15protocols set forth by the Illinois Department of Human
16Services under such terms and conditions imposed by the court.
17The costs of such classes shall be paid by the offender.
18    (d) In any case in which a sentence originally imposed is
19vacated, the case shall be remanded to the trial court. The
20trial court shall hold a hearing under Section 5-4-1 of the
21Unified Code of Corrections which may include evidence of the
22defendant's life, moral character and occupation during the
23time since the original sentence was passed. The trial court
24shall then impose sentence upon the defendant. The trial court
25may impose any sentence which could have been imposed at the
26original trial subject to Section 5-5-4 of the Unified Code of

 

 

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1Corrections. If a sentence is vacated on appeal or on
2collateral attack due to the failure of the trier of fact at
3trial to determine beyond a reasonable doubt the existence of a
4fact (other than a prior conviction) necessary to increase the
5punishment for the offense beyond the statutory maximum
6otherwise applicable, either the defendant may be re-sentenced
7to a term within the range otherwise provided or, if the State
8files notice of its intention to again seek the extended
9sentence, the defendant shall be afforded a new trial.
10    (e) In cases where prosecution for aggravated criminal
11sexual abuse under Section 11-1.60 or 12-16 of the Criminal
12Code of 1961 or the Criminal Code of 2012 results in conviction
13of a defendant who was a family member of the victim at the
14time of the commission of the offense, the court shall consider
15the safety and welfare of the victim and may impose a sentence
16of probation only where:
17        (1) the court finds (A) or (B) or both are appropriate:
18            (A) the defendant is willing to undergo a court
19        approved counseling program for a minimum duration of 2
20        years; or
21            (B) the defendant is willing to participate in a
22        court approved plan including but not limited to the
23        defendant's:
24                (i) removal from the household;
25                (ii) restricted contact with the victim;
26                (iii) continued financial support of the

 

 

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1            family;
2                (iv) restitution for harm done to the victim;
3            and
4                (v) compliance with any other measures that
5            the court may deem appropriate; and
6        (2) the court orders the defendant to pay for the
7    victim's counseling services, to the extent that the court
8    finds, after considering the defendant's income and
9    assets, that the defendant is financially capable of paying
10    for such services, if the victim was under 18 years of age
11    at the time the offense was committed and requires
12    counseling as a result of the offense.
13    Probation may be revoked or modified pursuant to Section
145-6-4; except where the court determines at the hearing that
15the defendant violated a condition of his or her probation
16restricting contact with the victim or other family members or
17commits another offense with the victim or other family
18members, the court shall revoke the defendant's probation and
19impose a term of imprisonment.
20    For the purposes of this Section, "family member" and
21"victim" shall have the meanings ascribed to them in Section
2211-0.1 of the Criminal Code of 2012.
23    (f) (Blank).
24    (g) Whenever a defendant is convicted of an offense under
25Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2611-14.3, 11-14.4 except for an offense that involves keeping a

 

 

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1place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, the defendant shall undergo medical
5testing to determine whether the defendant has any sexually
6transmissible disease, including a test for infection with
7human immunodeficiency virus (HIV) or any other identified
8causative agent of acquired immunodeficiency syndrome (AIDS).
9Any such medical test shall be performed only by appropriately
10licensed medical practitioners and may include an analysis of
11any bodily fluids as well as an examination of the defendant's
12person. Except as otherwise provided by law, the results of
13such test shall be kept strictly confidential by all medical
14personnel involved in the testing and must be personally
15delivered in a sealed envelope to the judge of the court in
16which the conviction was entered for the judge's inspection in
17camera. Acting in accordance with the best interests of the
18victim and the public, the judge shall have the discretion to
19determine to whom, if anyone, the results of the testing may be
20revealed. The court shall notify the defendant of the test
21results. The court shall also notify the victim if requested by
22the victim, and if the victim is under the age of 15 and if
23requested by the victim's parents or legal guardian, the court
24shall notify the victim's parents or legal guardian of the test
25results. The court shall provide information on the
26availability of HIV testing and counseling at Department of

 

 

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1Public Health facilities to all parties to whom the results of
2the testing are revealed and shall direct the State's Attorney
3to provide the information to the victim when possible. A
4State's Attorney may petition the court to obtain the results
5of any HIV test administered under this Section, and the court
6shall grant the disclosure if the State's Attorney shows it is
7relevant in order to prosecute a charge of criminal
8transmission of HIV under Section 12-5.01 or 12-16.2 of the
9Criminal Code of 1961 or the Criminal Code of 2012 against the
10defendant. The court shall order that the cost of any such test
11shall be paid by the county and may be taxed as costs against
12the convicted defendant.
13    (g-5) When an inmate is tested for an airborne communicable
14disease, as determined by the Illinois Department of Public
15Health including but not limited to tuberculosis, the results
16of the test shall be personally delivered by the warden or his
17or her designee in a sealed envelope to the judge of the court
18in which the inmate must appear for the judge's inspection in
19camera if requested by the judge. Acting in accordance with the
20best interests of those in the courtroom, the judge shall have
21the discretion to determine what if any precautions need to be
22taken to prevent transmission of the disease in the courtroom.
23    (h) Whenever a defendant is convicted of an offense under
24Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
25defendant shall undergo medical testing to determine whether
26the defendant has been exposed to human immunodeficiency virus

 

 

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1(HIV) or any other identified causative agent of acquired
2immunodeficiency syndrome (AIDS). Except as otherwise provided
3by law, the results of such test shall be kept strictly
4confidential by all medical personnel involved in the testing
5and must be personally delivered in a sealed envelope to the
6judge of the court in which the conviction was entered for the
7judge's inspection in camera. Acting in accordance with the
8best interests of the public, the judge shall have the
9discretion to determine to whom, if anyone, the results of the
10testing may be revealed. The court shall notify the defendant
11of a positive test showing an infection with the human
12immunodeficiency virus (HIV). The court shall provide
13information on the availability of HIV testing and counseling
14at Department of Public Health facilities to all parties to
15whom the results of the testing are revealed and shall direct
16the State's Attorney to provide the information to the victim
17when possible. A State's Attorney may petition the court to
18obtain the results of any HIV test administered under this
19Section, and the court shall grant the disclosure if the
20State's Attorney shows it is relevant in order to prosecute a
21charge of criminal transmission of HIV under Section 12-5.01 or
2212-16.2 of the Criminal Code of 1961 or the Criminal Code of
232012 against the defendant. The court shall order that the cost
24of any such test shall be paid by the county and may be taxed as
25costs against the convicted defendant.
26    (i) All fines and penalties imposed under this Section for

 

 

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1any violation of Chapters 3, 4, 6, and 11 of the Illinois
2Vehicle Code, or a similar provision of a local ordinance, and
3any violation of the Child Passenger Protection Act, or a
4similar provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under Section 27.5
6of the Clerks of Courts Act.
7    (j) In cases when prosecution for any violation of Section
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
911-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1011-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1212-15, or 12-16 of the Criminal Code of 1961 or the Criminal
13Code of 2012, any violation of the Illinois Controlled
14Substances Act, any violation of the Cannabis Control Act, or
15any violation of the Methamphetamine Control and Community
16Protection Act results in conviction, a disposition of court
17supervision, or an order of probation granted under Section 10
18of the Cannabis Control Act, Section 410 of the Illinois
19Controlled Substances Act, or Section 70 of the Methamphetamine
20Control and Community Protection Act of a defendant, the court
21shall determine whether the defendant is employed by a facility
22or center as defined under the Child Care Act of 1969, a public
23or private elementary or secondary school, or otherwise works
24with children under 18 years of age on a daily basis. When a
25defendant is so employed, the court shall order the Clerk of
26the Court to send a copy of the judgment of conviction or order

 

 

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1of supervision or probation to the defendant's employer by
2certified mail. If the employer of the defendant is a school,
3the Clerk of the Court shall direct the mailing of a copy of
4the judgment of conviction or order of supervision or probation
5to the appropriate regional superintendent of schools. The
6regional superintendent of schools shall notify the State Board
7of Education of any notification under this subsection.
8    (j-5) A defendant at least 17 years of age who is convicted
9of a felony and who has not been previously convicted of a
10misdemeanor or felony and who is sentenced to a term of
11imprisonment in the Illinois Department of Corrections shall as
12a condition of his or her sentence be required by the court to
13attend educational courses designed to prepare the defendant
14for a high school diploma and to work toward a high school
15diploma or to work toward passing high school equivalency
16testing or to work toward completing a vocational training
17program offered by the Department of Corrections. If a
18defendant fails to complete the educational training required
19by his or her sentence during the term of incarceration, the
20Prisoner Review Board shall, as a condition of mandatory
21supervised release, require the defendant, at his or her own
22expense, to pursue a course of study toward a high school
23diploma or passage of high school equivalency testing. The
24Prisoner Review Board shall revoke the mandatory supervised
25release of a defendant who wilfully fails to comply with this
26subsection (j-5) upon his or her release from confinement in a

 

 

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1penal institution while serving a mandatory supervised release
2term; however, the inability of the defendant after making a
3good faith effort to obtain financial aid or pay for the
4educational training shall not be deemed a wilful failure to
5comply. The Prisoner Review Board shall recommit the defendant
6whose mandatory supervised release term has been revoked under
7this subsection (j-5) as provided in Section 3-3-9. This
8subsection (j-5) does not apply to a defendant who has a high
9school diploma or has successfully passed high school
10equivalency testing. This subsection (j-5) does not apply to a
11defendant who is determined by the court to be a person with a
12developmental disability or otherwise mentally incapable of
13completing the educational or vocational program.
14    (k) (Blank).
15    (l) (A) Except as provided in paragraph (C) of subsection
16(l), whenever a defendant, who is an alien as defined by the
17Immigration and Nationality Act, is convicted of any felony or
18misdemeanor offense, the court after sentencing the defendant
19may, upon motion of the State's Attorney, hold sentence in
20abeyance and remand the defendant to the custody of the
21Attorney General of the United States or his or her designated
22agent to be deported when:
23        (1) a final order of deportation has been issued
24    against the defendant pursuant to proceedings under the
25    Immigration and Nationality Act, and
26        (2) the deportation of the defendant would not

 

 

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1    deprecate the seriousness of the defendant's conduct and
2    would not be inconsistent with the ends of justice.
3    Otherwise, the defendant shall be sentenced as provided in
4this Chapter V.
5    (B) If the defendant has already been sentenced for a
6felony or misdemeanor offense, or has been placed on probation
7under Section 10 of the Cannabis Control Act, Section 410 of
8the Illinois Controlled Substances Act, or Section 70 of the
9Methamphetamine Control and Community Protection Act, the
10court may, upon motion of the State's Attorney to suspend the
11sentence imposed, commit the defendant to the custody of the
12Attorney General of the United States or his or her designated
13agent when:
14        (1) a final order of deportation has been issued
15    against the defendant pursuant to proceedings under the
16    Immigration and Nationality Act, and
17        (2) the deportation of the defendant would not
18    deprecate the seriousness of the defendant's conduct and
19    would not be inconsistent with the ends of justice.
20    (C) This subsection (l) does not apply to offenders who are
21subject to the provisions of paragraph (2) of subsection (a) of
22Section 3-6-3.
23    (D) Upon motion of the State's Attorney, if a defendant
24sentenced under this Section returns to the jurisdiction of the
25United States, the defendant shall be recommitted to the
26custody of the county from which he or she was sentenced.

 

 

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1Thereafter, the defendant shall be brought before the
2sentencing court, which may impose any sentence that was
3available under Section 5-5-3 at the time of initial
4sentencing. In addition, the defendant shall not be eligible
5for additional sentence credit for good conduct as provided
6under Section 3-6-3.
7    (m) A person convicted of criminal defacement of property
8under Section 21-1.3 of the Criminal Code of 1961 or the
9Criminal Code of 2012, in which the property damage exceeds
10$300 and the property damaged is a school building, shall be
11ordered to perform community service that may include cleanup,
12removal, or painting over the defacement.
13    (n) The court may sentence a person convicted of a
14violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
15subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
16of 1961 or the Criminal Code of 2012 (i) to an impact
17incarceration program if the person is otherwise eligible for
18that program under Section 5-8-1.1, (ii) to community service,
19or (iii) if the person is an addict or alcoholic, as defined in
20the Alcoholism and Other Drug Abuse and Dependency Act, to a
21substance or alcohol abuse program licensed under that Act.
22    (o) Whenever a person is convicted of a sex offense as
23defined in Section 2 of the Sex Offender Registration Act, the
24defendant's driver's license or permit shall be subject to
25renewal on an annual basis in accordance with the provisions of
26license renewal established by the Secretary of State.

 

 

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1(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
299-143, eff. 7-27-15.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.